Anambra Central: Court vacates judgement declaring Okonkwo senator

Justice John Tsoho, who vacated his December 13, 2017 judgment at the instance of an application by the Independent National Electoral Commission (INEC), said his court was mislead and deceived into giving the said judgment.

But Okonkwo in a swift reaction has vowed to challenge the ruling at the court of Appeal.

Justice Tsoho held that having realised that there were three judgments of the Court of Appeal on the subject matter, all ordering INEC to conduct a rerun for the Anambra Central Senatorial district within 90 days, he is bound by the decision by the decisions of the court of Appeal, based on the age long principles of sterile decisis.

Justice Tsoho agreed that although Okonkwo was not a party to those judgments, his political platform, the Peoples Democratic Party (PDP), was a party.

‎”I am bound to follow the age long principle of judicial precedent.

“On November 20, 2017, the Court of Appeal ordered that fresh election be conducted into the Anambra Central Senatorial district within 90 days. Okonkwo is a member of the PDP which was a party to the appeal and cannot claim ignorant of these decisions. Indeed, the PDP has appealed against the judgments of the Court of Appeal.

‘To that extent, steps ‎taken by the plaintiff/respondent (Okonkwo) were deliberately misconceived and calculated to deceive this court. This‎ is enough grounds to set aside the consent judgment.

‘That he was never been a party in the proceedings is in material as his party, the PDP was ‎a party to the proceedings. Besides, he has not denied being a candidate of the PDP, so if his interest is affected, it lies in an appeal before the Supreme Court.

“Accordingly, grounds 2, 3, 4, 5, 6 and 7 ‎of the applicant motion are upheld and the consent judgment of December 13, 2017 is vacated and set aside.

‘The substantive suit is adjourned indefinitely pending the outcome of the appeal by the PDP at the Supreme Court.”

Before arriving at the final pronouncements, John Tsoho dismissed all the objections raised against INEC’s motion for variation of the consent judgment by counsel to Okonkwo, Sabastine Hon (SAN), who was with Festus Keyamo (SAN) ‎as well as counsel to PDP and Mrs. Ekwunife.

For instance, the Judge ‎disagreed with their arguments that his court was funtus officio, saying that being a consent judgment which was not based on the merit of the case, he has the requisite jurisdiction to vary it.

He further held that he was not bound by the ruling of his brother Judge, Justice Ahmed Muhammed, delivered on March 9, 2015, which the plaintiff submitted had not been appealed upon.

Justice Tsoho further disagreed with counsel to the respondents that the motion by INEC was an abuse of court processes and not competent.

Okonkwo, had in December, 2014 filed the suit a pre-election matter following his substitution with Uche Ekwunife as the PDP candidate at the primary of December 7, 2014.

He said the action is against the provisions of sub-section 4 (c) (ii) of Section 87 of the Electoral Act, 2010, and Part V Par. 29(c)(e) and (g) of the Electoral Guidelines for Primary Elections 2014 of the PDP.

The pre- election matter which commenced in 2014 was brought by Okonkwo under section 87 of the Electoral Act.

The said section 87 of the Act gives candidates or aspirants of political parties who were unlawfully denied nomination, right to approach a court with a view to seek redress.

Specifically, during the hearing of the suit, counsel for the 1st and 2nd defendants and the 4th defendants respectively, Messer I.E. Umeji and E.O. Okoli stated their non opposition to the motion for judgment and also adopted the processes that had been filed by the respective defendants to the effect of not contesting the plaintiff’s suit.

Also counsel to INEC (3rd defendant), confirmed that his client did not filed any counter affidavit to the plaintiff’s matter.

He added that the 3rd defendant, as an impartial umpire is, not inclined into delving into such matters and that as a responsible organisation, INEC is ready to abide by the decision of the court.

Justice Tsoho consequently entered judgment for the plaintiff and granted his reliefs in accordance with the prayers which arise from proceedings related to the said Anambra Central senatorial district election.

Latest

Moses Akaigwe 08072100049 The Honda Honda Place has pulled the wraps off an all-new, fifth-generation and reengineered 2018 CR-V, which boasts of bold new styling, a more premium interior, a host of new features and technologies. The new endowments, according to the Honda vehicles dealership in Nigeria, are aimed at maintaining CR-V’s status as…

Kia Motors has won three prestigious 2018 ‘iF design’ Awards, reinforcing the brand’s reputation for striking car design. The new Kia Stinger fastback sports sedan, Stonic compact crossover and Picanto city car were each awarded prizes in the ‘Product Design’ category. 2018 marks the second consecutive year in which Kia has won three iF awards,…

•Begins probe of forgeries, others The Nigeria Deposit Insurance Corporation (NDIC) has said the number of fraud cases attributed to internal abuse by staff of banks increased from 231 in 2016 to 320 in 2017. Head, Communications and Public Affairs of NDIC, Mohammed Ibrahim, said in a statement in Abuja, yesterday that the figure was…

Gyang Bere, Jos Plateau State Police Command has arrested a herdsman, Muhammadu Musa Bimini, in connection with a bloody attack that claimed 16 persons in Daffo district of Bokkos Local Government Area of Plateau State. He was caught in possession of a military AK-47 rifle. The Plateau State Police Public Relation Officer, ASP Marthias Terna,…

Judex Okoro, Calabar Eleven persons have been reportedly killed in a communal clash between Okwabang and Beebo communities of Boki East, in Boki Local Government Area of Cross River State. While two persons were killed on Friday, one each from both communities, nine Okuabang natives were hacked to death yesterday morning by Beebo guerrillas. Okwabang…

Entertainment

Tony Ogaga IK Ogbonna is one act that’s taking the Nigerian movie space by storm. Known for his ability to interpret very diverse roles, the thespian emerges as one of the most sought after in the industry. His role in Agatha Amata’s new flick, Disguise, where he plays a woman with polished fingernails, long brown…

South-West Report

• Day Ooni led Ife indigenes to seek god’s nod for riches, prosperity Clement Adeyi, Osogbo ile-ife, Osun State, the cradle of Yoruba civilization, was agog recently for Aje Festival celebration. The celebration was in honour of Aje, the Yoruba deity of wealth and prosperity. The annual event was held at the Afewonro Park in…

Abuja Metro

Femi Folaranmi, Yenagoa Governor Henry Seriake Dickson of Bayelsa State has effected a minor cabinet reshuffle in the State Executive Council with three new Commissioners assigned portfolios. Commissioner for Information and Orientation, Mr Daniel Iworiso-Markson who disclosed this in Yenagoa aftervtge the state Executive Council meeting held, on Wednesday, said newly inaugurated Commissioners namely, Funkazi…

Oriental News

…As work begins on Otuocha-Anam-Kogi federal road Geoffrey Anyanwu, Awka It was a prayer answered for the people of Anambra West Local Government Area recently as contractor resumed construction work on the Otuocha-Anam-Kogi federal road. The people could not contain their excitement following the resumption of work on the road which was abandoned for a…

Features

Emma Emeozor [email protected] After the end of the Cold War, there was an in increase in the number of African leaders who embraced constitutional democracy. The importance of the ballot box as a democratic tool for electing leaders was appreciated as power was seen to reside in the electorate. However, the beauty of constitutional democracy began…

Literary Review

Leslie Nneka Arimah is the author of What It Means When a Man Falls from the Sky, a collection of 12 short stories published in 2017. The stories, set in Nigeria and the US, move from realism to fantasy connected by the thread of humanity. The writer, who was recently shortlisted for the 2018 Etisalat…

Lifeline

•Octogenarian develops enlarged prostrate in Badagry Prison, needs urgent medical helpBy Cosmas Omegoh Pa Pius Ajaegbu, an 80-year-old man, is agonising right now. He is suffering from enlarged prostrate – a condition that does not allow him pass urine unless with the aid of a pipe fixed to his bladder. He developed the condition at…

Education Review

• Students swear after abduction incident Timothy Olanrewaju, Maiduguri Government Girls Science and Technical College, located at the outskirts of Dapchi, a serene town east of Yobe State was the hope of many children in the area. It is the only school situated about 100 kilometres from Damaturu on the edge of the lone road…

TSWeekend

Damilola Fatunmise; Fatimah Muhammad-Omolaja After 16 years in the United States of America where he studied filmmaking, Martin Gbados returned home to pursue his passion. And by dint of sheer grace, all his works have received national and international acclaims. In this chat, the producer of award winning movie, A Soldier’s Story, opens up…

Opinion

Otunba (Dr.) Michael Olasubomi Balogun (CON)is a personality of many parts and accomplishments beyond the ordinary meaning of the word “Icon”. Indeed, whenever and wherever his name is mentioned, what readily comes to mind are unparalleled greatness, commitment, resilience, excellence and success. He demonstrated his penchant to dare from childhood, the same character trait that…

Columnists

Where the pendulum swings for the Igbo nation has been a burning issue of discourse across the land, as we approach another electoral exercise next year. This issue recently engaged our platform, Nsu Economic Council, NEC, the think tank of Nsu community in Ehime Mbano Local Government Area of Imo State. It comprises the elite…

With general elections looming, there’s so much to thank our president for. One of such appreciation subheads covers the fact that everything the man has/hasn’t said or done since coming on in 2015 has tended to mobilise the masses pro and con. Very many of those looking to throng polling booths in 2019 would be…

There is this story about a Maths teacher and her six-year-old pupil. It is entitled “The 4th Apple.” The teacher, the story goes, asked the child, “If I give you one apple and one apple and one apple, how many apples will you have?” After a few seconds, the boy replied confidently, four. The dismayed…

Recently, Governor Rochas Okorocha announced to Imolites that he would like his Chief of Staff, Ugwumba Uche Nwosu, to succeed him. Not only that, the governor presented his deputy, Prince Eze Madumere, to go to the Senate to represent the people of Imo East Senatorial District, while himself would go to the Red Chamber to…

Pastor Enoch Adeboye, General Overseer of Redeemed Christian Church of God (RCCG), who turned 76 years old, last Friday, has touched many lives in various ways. His uncommon humility, which transcends the human realm, is one reason some people think he is more of a spiritual being than human. It perhaps defies human psychology that…

hello njigirl, Please keep anonymous, I just read through your article on women being rendered breadwinners all in a drop. Please is there anywhere one can get help as this situation is draining life out of me gradually? Its easier when its for a loving caring husband but when its for a devilish husband fear…

When did he get back? How long has he been standing there? Oh my goodness. I was flustered as I turned around striking what I hoped was a composed pose of someone who could not be bothered, I must say I failed miserably. His hungry gaze wandered over my curves to my garter belt and…

Oftentimes, people go into relationships hoping it would last forever. But life happens and they find themselves alone again after investing time, and emotions on the person they love. It hurts so much to go through a break up and many people make the mistake of rushing into another relationship without taking time to heal…

what exactly does happily ever after look like? We have heard stories such as Snow White and Cinderella having found the love of their lives, lived happily ever after with their kids. But in real life does every little girl grow up to have a fairy tale happily ever after? Of course no! Interestingly, our…

When to start eating if you’re seated at a table with eight or fewer guests, wait until everyone is served and for the hostess to begin eating before you dig in. At a long banquet table, it’s OK to start when several people are seated and served. These are little etiquette rules to follow when…